State v. Dalton

CourtUnited States State Supreme Court of Washington
Writing for the CourtGOSE, J.
PartiesSTATE v. DALTON.
Decision Date17 November 1911

118 P. 829

65 Wash. 663

STATE
v.
DALTON.

Supreme Court of Washington

November 17, 1911


Department 1. Appeal from Superior Court, King County; Mitchell Gilliam, Judge.

James H. Dalton was convicted of burglary in the second degree, and he appeals. Affirmed.

[65 Wash. 664] Charles L. Henry, for appellant.

John F. Murphy and Alfred H. Lundin, for the State.

GOSE, J.

The defendant, with three other persons, was charged with the crime of burglary in the second degree. He was tried separately and found guilty by the jury, and has appealed from the judgment entered upon the verdict.

He contends, first, if we understand his position, that he could not be lawfully convicted upon the uncorroborated testimony of accomplices; and, second, that the evidence is insufficient to support the judgment.

Upon the first proposition the court instructed that he could not be convicted 'on the testimony of an accomplice, unless he is corroborated by other evidence which in itself and without the aid of the testimony of the accomplice tends to implicate the defendant with the commission of the offense.' It is due to the learned trial judge to say that this instruction was given before the opinions were filed in State v. Ray, 62 Wash. 582, 114 P. 439, and State v. Stapp, 118 P. 337, where a contrary doctrine is announced. The cases from this state are collated and discussed in the case last cited.

Accepting the instructions as the law of the case, we pass to a consideration of the other questions involved. The court correctly instructed that 'an accomplice is one who with criminal intent acts with others and participates in the commission of a crime.' Underhill on Evidence (2d Ed.) 69; Bradley v. State, 2 Ga.App. 622, 58 S.E. 1064; Green v. State, 51 Ark. 189, 10 S.W. 266; Martin v. State, 47 Tex. Cr. R. 29, 83 S.W. 390; Ochsner v. Commonwealth, 128 Ky. 761, 109 S.W. 326; Springer v. State, 102 Ga. 447, 30 S.E. 971; Allen v. State, 74 Ga. 769.

A reference to the evidence discloses that Wells, a codefendant,[65 Wash. 665] who had pleaded guilty to the information, testified that the appellant participated in the crime; that, after the store had been burglarized, the goods were taken to a room occupied jointly by Hansett and himself, and there divided in the presence of Hansett; and that the appellant then carried away a part of the goods. He further testified that Hansett had no participation in the commission of the crime, but that he was...

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7 practice notes
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...crime neither constitutes a crime nor will it support a charge of aiding and abetting a crime. State v. Gladstone, Supra; State v. Dalton, 65 Wash. 663, 118 P. 829 The trial court is affirmed. In the cases that follow it will be necessary to describe generally the contents of the various ma......
  • State v. Boast, No. 44100
    • United States
    • United States State Supreme Court of Washington
    • August 26, 1976
    ...in any phase of the crime as something she wished to bring about. The circumstances here are similar to those in State v. Dalton, 65 Wash. 663, 118 P. 829 (1911), in which stolen goods were taken to a room occupied by appellant and a co-defendant and divided up in the presence of appellant,......
  • Winston Motor Carriage Co. v. Broadway Auto. Co.
    • United States
    • United States State Supreme Court of Washington
    • November 17, 1911
    ...To enter upon the consideration of the rights of the parties from such a standpoint would probably show that they are fairly evenly [65 Wash. 663] balanced. But such considerations have no place in this case. The controlling facts are beyond dispute; and from them by well-settled rules of l......
  • State v. Engstrom, 12826.
    • United States
    • United States State Supreme Court of Washington
    • August 4, 1915
    ...78 Wash. 175, 138 P. 648; State v. Wappenstein, 67 Wash. 502, 121 P. 989; State v. Mallahan, 66 Wash. 21, 118 P. 898; State v. Dalton, 65 Wash. 663, 118 P. 829; State v. Stapp. 65 Wash. 438, 118 P. 337; State v. Jones, 53 Wash. 142, 101 P. 708. The appellant, realizing that the record might......
  • Request a trial to view additional results
7 cases
  • State v. J-R Distributors, Inc., J-R
    • United States
    • United States State Supreme Court of Washington
    • July 27, 1973
    ...crime neither constitutes a crime nor will it support a charge of aiding and abetting a crime. State v. Gladstone, Supra; State v. Dalton, 65 Wash. 663, 118 P. 829 The trial court is affirmed. In the cases that follow it will be necessary to describe generally the contents of the various ma......
  • State v. Boast, No. 44100
    • United States
    • United States State Supreme Court of Washington
    • August 26, 1976
    ...in any phase of the crime as something she wished to bring about. The circumstances here are similar to those in State v. Dalton, 65 Wash. 663, 118 P. 829 (1911), in which stolen goods were taken to a room occupied by appellant and a co-defendant and divided up in the presence of appellant,......
  • Winston Motor Carriage Co. v. Broadway Auto. Co.
    • United States
    • United States State Supreme Court of Washington
    • November 17, 1911
    ...To enter upon the consideration of the rights of the parties from such a standpoint would probably show that they are fairly evenly [65 Wash. 663] balanced. But such considerations have no place in this case. The controlling facts are beyond dispute; and from them by well-settled rules of l......
  • State v. Engstrom, 12826.
    • United States
    • United States State Supreme Court of Washington
    • August 4, 1915
    ...78 Wash. 175, 138 P. 648; State v. Wappenstein, 67 Wash. 502, 121 P. 989; State v. Mallahan, 66 Wash. 21, 118 P. 898; State v. Dalton, 65 Wash. 663, 118 P. 829; State v. Stapp. 65 Wash. 438, 118 P. 337; State v. Jones, 53 Wash. 142, 101 P. 708. The appellant, realizing that the record might......
  • Request a trial to view additional results

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